Legal Opinion

Gracey v. Hendrix

Texas Supreme Court

Decided June 19, 1899No. 810PublishedCited by 17 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Hall County. Hendrix sued Gracey in trespass to try title. Defendant had judgment, and on plaintiff’s appeal this was reversed and judgment rendered for appellant. Appellee Gracey thereupon obtained writ of error.

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Error to the Court of Civil Appeals for the Second District, in an appeal from Hall County. Hendrix sued Gracey in trespass to try title. Defendant had judgment, and on plaintiff’s appeal this was reversed and judgment rendered for appellant. Appellee Gracey thereupon obtained writ of error. In the opinion of the Court of Civil Appeals, by Associate Justice Stephens, it was said: “Appellant’s right to the land was denied on the trial upon the sole ground that the price offered by him was less than that at which the land had been appraised; but it will be noted that his application to purchase…

1Opinion of the Court

BROWN, Associate Justice.

Under the Act of 1887, survey number 104 of school land in Hall County was classified as dry agricultural land and valued at $2 per acre, at which price it was put upon the market, and remained on the market under that classification and price until the 23d day of August, 1897, except during the time that A. W. Hendrix claimed it under a purchase from the State, which was forfeited.for nonpayment of the interest of 1893. On the 20th day of August, 1897, A. W. Hendrix was and had been for several years an actual settler upon the section of land, and on that day made an…

2Cases cited2 opinions

  1. Busk v. LowrieTexas Supreme Court · 1893
  2. McKinney v. GrassmeyerTexas Supreme Court · 1879

3Cited by17 opinions

  1. Erp v. TillmanTexas Supreme Court · 1910
  2. Keen v. FeatherstonCourt of Appeals of Texas · 1902
  3. Ford v. BrownTexas Supreme Court · 1903
  4. De Grazier v. Panell Oil CorporationCourt of Appeals of Texas · 1937
  5. Camp v. SmithCourt of Appeals of Texas · 1914

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